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VAN LARE v. HURLEY

No. 74-453.

421 U.S. 338 (1975)

95 S.Ct. 1741

44 L.Ed.2d 208

VAN LARE, ACTING COMMISSIONER, DEPARTMENT OF SOCIAL SERVICES OF NEW YORK, ET AL. v. HURLEY ET AL.

Supreme Court of United States.

Decided May 19, 1975.

Attorney(s) appearing for the Case

Judith A. Gordon, Assistant Attorney General of New York, argued the cause for appellants in No. 74-453 and respondents in No. 74-5054. With her on the briefs were Louis J. Lefkowitz, Attorney General, and Samuel A. Hirshowitz, First Assistant Attorney General.

Martin A. Schwartz argued the cause and filed a brief for appellees in No. 74-453 and petitioners in No. 74-5054.

MR. JUSTICE BRENNAN delivered the opinion of the Court.

The question presented is whether New York regulations reducing pro rata the shelter allowance provided recipients of Aid to Families with Dependent Children (AFDC) to the extent there are nonpaying lodgers living in the household conflict with the Social Security Act and federal regulations. We conclude that the state provisions conflict with federal law and are therefore...

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